The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.
Publication Type: Article
New Smoke-Free Ontario Act, 2017 in Force July 1, 2018: What Employers Should Know
On July 1, 2018, the Smoke-Free Ontario Act, 2017 (SFO Act) and accompanying regulation will come into force. It was enacted as part of the omnibus Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017. The SFO Act repeals and replaces the Electronic Cigarettes Act, 2015 and the Smoke-Free Ontario Act (Earlier Acts), consolidating many provisions of those two statutes into one place. It also contains new requirements for employers and others.
Privacy Rules Around Non-Disclosure of Administrative Records Declared Unconstitutional
The Ontario Superior Court of Justice recently held that the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) violates section 2(b) of the Canadian Charter of Rights and Freedoms (Charter), finding that it goes too far to protect the privacy of parties, witnesses and others in matters heard by the Ontario Human Rights Tribunal, Ontario Labour Relations Board and other statutory tribunals. Learn more in this FTR Now.
Election Update: Is Your Employee Entitled to Paid Time Off to Vote?
The Ontario provincial election will be held on June 7, 2018. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours in order to vote. Learn more in this FTR Now.
Update on Personal Emergency Leave in the Municipal Sector
The introduction of two paid personal emergency leave (PEL) days to the Employment Standards Act, 2000 (ESA) has revived the debate about whether collective agreements or policies provide a Greater Right or Benefit (GROB), or alternatively, whether entitlements under the collective agreement or policies can be offset against the PEL entitlement. The first arbitration case since the paid entitlements were introduced (from Arbitrator Mitchnick) has brought an interesting twist to the debate.
The Dawn of a New Day: Ontario Pension Funding Rules Are Here
Effective today, May 1, 2018, the funding rules for Ontario defined benefit (DB) pension plans are fundamentally changed. Learn how they apply to your plan – and how your organization can prepare for implementation.
Recent Legislative Initiatives of Interest to School Boards
Recent legislative changes in Ontario will have a significant impact on school boards. First, school boards will now be required to adopt a code of conduct that applies to trustees. Second, as of January 1, 2018, entitlement to benefits for chronic mental stress is compensable under the Workplace Safety and Insurance Act, 1997…
Divisional Court Finds Breach of Sunset Clause Does Not Necessarily Render Employer Discipline Null and Void
In a decision dated April 17, 2018, the Divisional Court has invited arbitrators to reject the so-called “void ab initio” doctrine that in the past has often resulted in discipline imposed by management being rendered null and void due to the breach of a sunset clause or other similar provisions. Learn more in this FTR Now.
Arbitrator Finds Co-ordinator Duties Should Be Considered in Assessing Whether a Professor Has Sessional Status
An arbitration award in St Lawrence College and OPSEU Local 417 rendered on March 26, 2018 is potentially very significant to the distribution of work between full-time, sessional, partial load and part-time professors by a college. This College Update reviews the award and its possible impact on college staffing decisions going forward.
Pension Funding Reform Continues: Taking Aim at Target Benefit Multi-Employer Pension Plans
Pension plans that meet the definition of specified Ontario multi-employer pension plans (SOMEPPs) are one step closer to having the option to convert accrued defined benefits (DB) to target benefits (TB) – and one step closer to a permanent exemption from solvency funding. If your organization participates in a SOMEPP, find out what this could mean for your organization in this FTR Now.